QuestionsQuestions (Republic Act No. 6040)
The three categories are (1) competitive service, (2) non-competitive service, and (3) exempt service. The exempt service does not fall within the scope of the Civil Service Law.
The competitive service includes positions for appointment to which prior qualification or successful passing in an appropriate examination is required.
Non-competitive service includes positions expressly declared by law and those that are policy-determining, primarily confidential, or highly technical. Examples under RA 6040: officers appointed by the President with the consent of the Commission on Appointments (with stated exceptions); secretarial and office staff of the President/Vice-President and congressional leadership; secretarial staff of heads of departments and justices; UP and other government college academic personnel; heads/secretaries of certain boards/councils; confidential assistants/agents/investigation and special service agents; and commercial attaches.
Exempt service consists of: (a) elective officers; (b) members of the commissioned and enlisted service of the Army, Navy, and Air Force; and (c) persons employed on a contract basis not exceeding one year renewable but not exceeding four continuous years, and those in GOCCs primarily performing proprietary functions with collective bargaining agreements, as well as temporary/emergency/casual laborers.
The head is the Commissioner of Civil Service. He is appointed by the President with the consent of the Commission on Appointments, and holds office for a term of nine (9) years.
He may not be reappointed, and may be removed only for cause and after investigation.
The Commission must note and keep a record of all appointments and promotions to positions in the competitive service and disapprove within ninety (90) days those where appointees do not possess the corresponding eligibility. Appointments become immediately effective upon assumption of duties, with salaries/benefits due until final disapproval, without prejudice to appointing authority liability; disapproval becomes final unless an appeal is taken as provided by law.
A permanent appointment requires that the person has met all requirements for the position. All permanent appointees must serve a probationary period of six (6) months and undergo a thorough character investigation to acquire permanent civil service status. A probationer may be dropped for unsatisfactory conduct or want of capacity any time before probation ends, subject to appeal to the Commissioner under the Act.
No person appointed to a non-competitive service position shall perform the duties properly belonging to any position in the competitive service.
No person shall be appointed to nor hold two or more full-time positions in the government (including GOCCs or offices), whether temporary or permanent or with/without salary or allowances. Exception: the prohibition does not apply to a person who holds a position or positions in an ex-officio capacity or in consequence of an express provision of law.
It may hear and determine appeals instituted by any person aggrieved by an action or determination contrary to Civil Service Law and rules, and must do so within thirty (30) days after submission. The Commissioner’s decision is final unless appealed as provided by law.
The appealing respondent is entitled to a formal investigation if elected, with the right to appear and defend himself personally or by counsel, confront and cross-examine witnesses against him, and have attendance of witnesses and production of documents in his favor by subpoena or subpoena duces tecum.
The Commissioner may remove, demote, suspend for not more than one year without pay, or fine not exceeding six months’ salary, subject to jurisdictional allocation to department heads/provinces/chartered cities for original investigation and decision in certain cases.
Decisions of the Commissioner may be appealed to the Civil Service Board of Appeals within thirty (30) days after receipt. A petition for reconsideration must be filed within the same period; only one petition for reconsideration may be entertained, and filing it suspends the running of the appeal period.
Provisional appointments made or approved by the Civil Service Commission under Section 24(c) of RA 2260 prior to approval of RA 6040 automatically become permanent under Section 24(b) as amended, subject to Section 16(h) (limitation on holding multiple full-time positions).